II Calendar No. 302 112th CONGRESS 2d Session S. 97 [Report No. 112–136] IN THE SENATE OF THE UNITED STATES January 25 (legislative day, January 5), 2011 Mr. Reid (for Mrs. Feinstein (for herself and Mrs. Boxer)) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works January 26, 2012 Reported by Mrs. Boxer, with amendment Omit the part struck through and insert the part printed in italic A BILL To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay.

1.

Short title

This Act may be cited as the San Francisco Bay Restoration Act.

2.

San Francisco Bay restoration grant program

Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

123.

San Francisco Bay restoration grant program

(a)

Definitions

In this section: (1)

Annual priority list

The term annual priority list means the annual priority list compiled under subsection (b). (2)

Comprehensive plan

The term comprehensive plan means— (A)the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and (B)any amendments to that plan. (3)

Estuary partnership

The term Estuary Partnership means the San Francisco Estuary Partnership, the entity that is designated as the management conference under section 320. (b)

Annual priority list

(1)

In general

After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). (2)

Inclusions

The annual priority list compiled under paragraph (1) shall include— (A)activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; (B)information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of— (i)the identities of the financial assistance recipients; and (ii)the communities to be served; and (C)the criteria and methods established by the Administrator for selection of activities, projects, and studies. (3)

Consultation

In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of— (A)the Estuary Partnership; (B)the State of California and affected local governments in the San Francisco Bay estuary watershed; and (C)any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. (c)

Grant program

(1)

In general

Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. (2)

Maximum amount of grants; non-Federal share

(A)

Maximum amount of grants

Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. (B)

Non-Federal share

The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be— (i)not less than 25 percent; and (ii)provided from non-Federal sources. (d)

Funding

(1)

Authorization of appropriations

There are authorized to be appropriated to the Administrator to carry out this section such sums as are necessary for each of fiscal years 2012 through 2021. (1)

Authorization of appropriations

There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2012 through 2016. (2)

Administrative expenses

Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. (3)

Relationship to other funding

Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). (4)

Prohibition

No amounts made available under subsection (c) may be used for the administration of a management conference under section 320.

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January 26, 2012 Reported with amendment